When a social worker, in the early stages of his evaluation for the purpose of drawing up the Home Study Report, has enough reasons to think that a prospective foster carer is not suitable, he shall present a preliminary report to the Fostering Board and request direction on whether he should proceed with the Home Study Report or not.
\n
(6)When the Fostering Board decides that a social worker should proceed with his Home Study Report it shall inform the social worker and the latter shall proceed with his evaluation:
\n
Provided that when the Fostering Board agrees with the preliminary report it shall give its decision in accordance with this Act and it shall accordingly notify those mentioned in article 40(3).
\n
Pairing of foster carers with minors. Amended by: XXIII.2021.21,23.
\n
50.
\n
For the purpose of matching a foster carer with a minor, the Director Alternative Care (Children and Youths) shall: (a) consider the individual needs of the minor;
\n
MINOR PROTECTION (ALTERNATIVE CARE) (b) consider the capabilities and experience of the foster carer to cater for the particular needs of the minor; (c) without prejudice to paragraph (a), make any reasonable attempt to keep siblings at the same residence; (d) without prejudice to paragraph (a), make any reasonable attempt to keep a parent under the age of eighteen years and his or her offspring at the same residence; (e) consider the report made by the social worker; and (f) consider whether relatives of the minor are capable of taking care of said minor.
\n
51.
\n
(1)Foster care shall take place following a written agreement between the Director Alternative Care (Children and Youths) and the foster carer, which may be modified by written agreement between the Director Alternative Care (Children and Youths) and the foster carer.
\n
(2)The care order, the care plan and the voluntary placement order in accordance with article 68, as well as any revision to them, shall be annexed to the agreement and shall be read and interpreted as part of the same agreement.
\n
(3)The agreement shall be signed by the social worker and the foster carers, and a copy thereof together with the relevant parts of this Act which provide for the rights and responsibilities of foster carers and the rights of minors under foster care, shall be given to the foster carers.
\n
(4)A copy of the agreement mentioned in this article may be given to the parents of the minor only if the Director Alternative Care (Children and Youths) decides that it would be in the best interests of the minor.
\n
(5)The foster care agreement shall be deemed to include the right of the foster carer to travel with the minor after having notified the Director Alternative Care (Children and Youths), and the Director Alternative Care (Children and Youths)shall have three (3) working days to object to said travelling and the Review Board may give a direction according to sub-article (6):
\n
Provided the notification by the foster carer shall be made within a reasonable time and the foster carer shall not have the right to any compensation or damages if he made any arrangements for that traveling before the lapse of the said three working days without any objection by the Director Alternative Care (Children and Youths), or before the Review Board has given its direction according to sub-article
\n
(6).
\n
(6)In case of any disagreement as to the foster care agreement, Foster care agreement. Amended by: XXXVII.2020.9; XXIII.2021.21; XI.2023.30.
\n
MINOR PROTECTION (ALTERNATIVE CARE) any party may request a direction from the Review Board which direction is to be given by not later than ten working days.
\n
(7)The contents of the agreement between the foster carer and the Director Alternative Care (Children and Youths) shall not be deemed as a permanent one unless it contains a clause which provides clearly to the contrary.
\n
(8)The agreement may be terminated by the Director Alternative Care (Children and Youths) or the foster carer, as applicable, for any one of the following reasons: (a) agreement; the foster carer does not comply with the foster care (b) the Fostering Board decided that a foster carer is no longer capable of providing foster care; (c) the placement of a minor under foster care is no longer in the best interests of the minor; (d) the circumstances make it difficult for the foster carer to continue taking care of the minor under his care:
\n
Provided that the agreement may only be terminated after the key social worker is informed of such an intent and an alternative care plan is drawn up and approved by the Review Board.
\n
Monitoring of the foster carer. Amended by: XXIII.2021.21,23.
\n
52.
\n
(1)During a placement under foster care, the Director Alternative Care (Children and Youths) shall designate a social worker to monitor a foster carer registered with it.
\n
(2)The social worker shall prepare a Review Report at least once every year for the first three (3) years in which the minor is in foster care and every two (2) years following said three (3) years, so that it may be determined whether the foster carer is fulfilling his obligations in accordance with this Act and the foster care agreement, with the purpose of deciding if such carer should be allowed to continue taking care of the minor:
\n
Provided that the Review Report shall be made before the expiry of a two-year period if there is a need to evaluate the foster carer before such expiry.
\n
(3)For the drawing up of the Review Report, the social worker shall make the necessary visits to the residence.
\n
(4)The visits mentioned in the foregoing sub-article may be made without notice and the foster carer shall co-operate with the social worker and he shall provide information which as far as he knows is correct, and he may not deny the social worker entry to his ordinary residence.
\n
MINOR PROTECTION (ALTERNATIVE CARE)
\n
(5)The social worker making visits in accordance with this article shall have the right to be assisted by members of the Executive Police in case it is deemed that there is a risk of hindrance to the exercise of his responsibilities according to this article.
\n
53.
\n
By virtue of this article, with the rights and responsibilities of foster carers listed in a foster care agreement, the following shall be deemed to be added and included: (a) the facilitation of contact between the minor and his family and any other person which the Review Board may deem necessary in the best interests of the minor, as long as this does not endanger or threaten the safety of the foster carers or of the alternative carers; (b) the receiving of any information, including medical information, about the minor being placed in their care and ensuring that any such information is kept confidential; (c) the receiving of such financial assistance as may be required for the care and upbringing of the minor; (d) the receiving of adequate support services; (e) co-operation with all the entities and persons concerned and the furnishing to them of such information as they may deem required; (f) ensuring that the minor attends to any treatment which the Review Board may determine as needed for the wellbeing of the minor; (g) attendance together with the minor for reviews by the Review Board and updating that board on the progress being done by the minor and on any other significant event; (h) the giving of a notification to the Director Alternative Care (Children and Youths) and the Review Board of any change in their ordinary residence, at least two months before such change; (i) ensuring that the minor is brought up in an environment which leads to his psychological security as well as his physical well-being, to the satisfaction of the Social Care Standards Authority; (j) respecting and facilitating of the right of the minor to practice a religion of his own choice; (k) the reporting to the Director Alternative Care (Children and Youths) or the Review Board of any incident, abscondment, truancy from school, injury, sickness or death as Rights and responsibilities of foster carers Amended by: XXIII.2021.21,25.
\n
MINOR PROTECTION (ALTERNATIVE CARE) they occur; (l) the participation in on-going training as organized by the Director Alternative Care (Children and Youths); (m) the right to open a bank account in the name of the minor, which they shall administer as a bonus paterfamilias; (n) access to information on the biological parents of the minors, following an application to the Court which the Court may approve or refuse after having considered the case and the best interests of the minor; and (o) the observance of any other obligation as may be imposed upon them under this Act or any other law.
\n
Adoption of minors under foster care. Amended by: XI.2023.31.
\n
54.
\n
(1)When a minor has been residing with a foster carer for more than five years, the foster carer may request the adoption of that minor by filing an application to the Court of Voluntary Jurisdiction:
\n
Provided that in extraordinary circumstances and only after three (3) positive Review Reports on the fostering of the minor, the Court of Voluntary Jurisdiction may accede to a request for adoption of the minor even if the minor had not been residing with the foster carer for more than five (5) years.
\n
(2)Notwithstanding any other provision of the law, no restrictions based on age may apply for adoption in accordance with this article.
\n
(3)Adoption in accordance with this article shall be granted on condition that the rights of access to the minor by the biological parents and siblings by consanguinity shall be as wide as possible, as long as this is in the best interest of the minor.
\n
Functions of the Director Alternative Care (Children and Youths). Amended by: XXIII.2021.21,26. Amended by: XI.2023.32.
\n
55.
\n
(1)Without prejudice to any other function or responsibility given to the Director Alternative Care (Children and Youths) in accordance with this Act or any other law, the Director Alternative Care (Children and Youths) under this Act shall: (a) match foster carers with minors who are to be placed under foster care in accordance with article 50; (b) make any reasonable attempt to place siblings with the same foster carer if this is in the best interest of the siblings; (c) make any reasonable attempt to place a parent who is a minor and his offspring with the same foster carer; (d) ascertain that every placement under foster care is in the best interest of the minor; (e) follow up on all placements under foster care which MINOR PROTECTION (ALTERNATIVE CARE) have been occasioned through it and provide support to the foster carers throughout such placement under foster care; (f) consider and propose changes, if needed, to any foster care agreement; (g) investigate complaints against a foster carer in accordance with the manual or procedures mentioned in article 56 and make a report to be referred to the Fostering Board for any required action; and (h) investigate any abuse allegations related to foster care placements in accordance with the manual or procedures referred to in article 56 and make a report to the competent authority as may be required.
\n
(2)The Director Alternative Care (Children and Youths) shall also have the following functions: (a) the provision of services in accordance with criteria, procedures and guidelines established by the Central Authority and in accordance with those standards of service therein established; (b) the receipt and processing of applications by persons applying to be registered as foster carers; (c) the provision of initial and on-going training to prospective foster carers and foster carers registered with it, as well as providing them with adequate and continuous support when the Director Alternative Care (Children and Youths) places a minor under foster care with the foster carers; (d) providing the Central Authority with access to any document relating to the foster care procedures of any minor, inclusive of reports on any foster carer or prospective foster carer; (e) providing the Central Authority with access to its accounts and to accounts as audited by an auditor; (f) sending of a report to the Central Authority on the exercise of its functions at the end of each calendar year; (g) conforming with any other function as may be specified by the Central Authority.
\n
(3)Without prejudice to any other function or responsibility given to them in accordance with this Act or any other law, every agency accredited in accordance with this Act shall also have the functions listed in sub-article (2).
\n
Policies and procedures of the Director Alternative Care (Children and Youths). Amended by: XXIII.2021.21.
\n
MINOR PROTECTION (ALTERNATIVE CARE) 56.
\n
The Director Alternative Care (Children and Youths) shall develop, update and fulfil the written policies, procedures and manuals which are subject to approval by the Central Authority, and which shall inter alia provide for: (a) procedures on training and evaluation; (b) forms of support for foster carers and minors placed under foster care as applicable before, during and after such placement under foster care; (c) investigation of complaints against any foster carer; (d) changes in the circumstances of foster carers. and Information to prospective foster carers. Amended by: XXIII.2021.21.
\n
57.
\n
Before commencing the fostering process, the Director Alternative Care (Children and Youths) shall: (a) inform prospective foster carers of its objectives, powers and activities; (b) make available a copy of its Accreditation Certificate to prospective foster carers as proof of its accreditation; and (c) inform prospective foster carers of any legal requirements.
\n
Registers. Amended by: XXIII.2021.21.
\n
58.
\n
(1)The Director Alternative Care (Children and Youths) shall maintain one or more registers which will at least have lists of: (a) the prospective foster carers registered with it; (b) the foster carers registered with it; and (c) the professionals who are monitoring every foster care placement.
\n
(2)In addition to what is provided in sub-article (1), the Central Authority may, by informing the Director Alternative Care (Children and Youths) in writing, order it to add other information to be registered and kept in the registers mentioned in sub-article (1).
\n
Training for social workers. Amended by: XXIII.2021.21.
\n
59.
\n
The Director Alternative Care (Children and Youths) shall make all reasonable efforts to ensure that every social worker assigned to carry out duties with regard to foster care procedures is adequately trained in this regard and continues to receive ongoing training.
\n
TITLE VI
\n
OF RESIDENTIAL CARE MINOR PROTECTION (ALTERNATIVE CARE) 60.
\n
(1)Where the placement of a minor in foster care is not in the best interest of the minor, such minor shall be accommodated in a home for residential care.
\n
Residential care.
\n
(2)A home for residential care shall be responsible for promoting the development and well-being of a minor placed under its care.
\n
61.
\n
(1)Without prejudice to other responsibilities under this Act or any other law, and the rules made according to sub-article (2), a home for residential care shall be responsible for: (a) ensuring that the placement into residential care is effected in the most appropriate manner for the minor; (b) ensuring that the minor under its care receives all those rights pertaining to all minors in the pursuit of his wellbeing, of his development and for the attainment of his aspirations; (c) the minor; collaborating with the social worker assigned for (d) reporting to the social worker and the Review Board on every fact which may affect the care plan of the minor; (e) facilitating contact between the minor and his family in accordance with the care plan or decision of the Review Board; (f) providing residential services in accordance with the standards, criteria and procedures established by the Social Care Standards Authority through regulations for such purpose; (g) keeping of a register on minors placed under their care, which register shall include periodical reports relating to the development of the minor; (h) providing initial and on-going training to their employees and service providers; (i) notify the Director Alternative Care (Children and Youths) of any requests made directly to it for the placement of a minor in its care; and (j) develop, maintain, update and execute written policies, procedures and manuals. (k) the right to open a bank account in the name of the minor, which they shall administer as a bonus paterfamilias; (l) the receiving of any relevant information, including medical information, about the minor being placed in Responsibilities of homes for residential care. Amended by: XXXVII.2020.10; XXIII.2021.21.
\n
MINOR PROTECTION (ALTERNATIVE CARE) their care and ensuring that any such information is kept confidential; (m) ensuring that the minor attends to any treatment which the Review Board may determine as needed for the wellbeing of the minor; (n) attendance together with the minor for reviews by the Review Board and updating that board on the progress being done by the minor and on any other significant event; (o) respecting and facilitating the right of the minor to practice a religion of his own choice.
\n
(2)The Central Authority may, by notice in the Gazette, make rules providing for other responsibilities for homes for residential care, which responsibilities are not already provided under sub-article (1), in this Act or in any other law whatsoever, and it may also in the same manner make rules further specifying the responsibilities provided according to sub-article (1), and it shall at all times do so in the best interests of minors.
\n
Residential care placement agreement. Amended by: XXIII.2021.21.
\n
62.
\n
(1)A residential care placement shall only take place following an agreement entered into between the Director Alternative Care (Children and Youths) and the head of the residential home.
\n
(2)The termination of any residential care placement agreement may only be given effect by the Review Board following a request by an interested person.
\n
TITLE VII
\n
OF THE RIGHTS OF MINORS IN ALTERNATIVE CARE Rights of the minor in alternative care.
\n
63.
\n
(1)A minor in relation to whom the provisions of this Act apply shall be cared for, maintained, instructed and educated according to his abilities, aspirations and natural inclinations.
\n
(2)The minor shall also, at any time, have regular access to the social worker who is taking care of his placement in alternative care.
\n
(3)Without prejudice to the generality of the rights mentioned in sub-articles (1) and (2), and to any other right of the minor, said minor shall in particular have the following rights: (a) to be consulted on any decision affecting him in a manner appropriate to his age and understanding; (b) to have access to information on the situation of his family members in the absence of contact with them; (c) to maintain personal relations and direct contact MINOR PROTECTION (ALTERNATIVE CARE) with his parents, and with any such other person close to him, unless it is contrary to the best interests of the minor; (d) to receive nutrition in accordance with the relevant nutritional standards, as well as with his religious beliefs; (e) to receive psychological support; (f) appropriate medical care and to have access to education; (g) to have his specific safety, health, nutritional, developmental and other needs catered for; (h) to freely decide which religion to pursue and to have his religious and spiritual needs satisfied accordingly; (i) to have his privacy respected; (j) to have a positive, safe and nurturing relationship with his alternative carers; and (k) the rights mentioned in the United Nations Convention on the Rights of the Child.
\n
(4)From time to time the Minister may update the rights mentioned in this article by regulations.
\n
PART III
\n
OF APPEALS
\n
TITLE I
\n
OF THE BOARD OF APPEAL 64.
\n
(1)There shall be a Board of Appeal which shall consist of three members as follows: (a) a Chairperson who shall have a warrant to practise the profession of advocate in Malta for at least five years; and (b) two persons who shall have at least five years of professional experience in the welfare of minors.
\n
(2)The members of the Board of Appeal shall be appointed by the Minister for a period of three years and may be removed from office by the Minister on grounds of inability to perform the functions of their office or for misbehaviour.
\n
Establishment of Board of Appeal. MINOR PROTECTION (ALTERNATIVE CARE)
\n
(3)A member of the Board of Appeal may be challenged or may abstain for any of the reasons for which a judge may be challenged or may abstain in accordance with article 734 of the Code of Organization and Civil Procedure.
\n
(4)When a member of the Board of Appeal recuses himself or abstains in accordance with the foregoing sub-article, the Minister shall appoint another person to sit as a member on the Board of Appeal in substitution of the said member and for the appeal for which such member recused himself or abstained.
\n
(5)A person shall not be qualified to be appointed or continue to hold office as a member of the Board of Appeal if that person is a Judge, a Magistrate, a member of the House of Representatives or of a Local Council, or a candidate for election to the House of Representatives or a Local Council.
\n
Competence and powers of the Board of Appeal. Amended by: XXXVII.2020.11; XI.2023.33.
\n
65.
\n
(1)The Board of Appeal shall be competent to, following a request by application: (a) review a decision of the Fostering Board; (b) review a decision of the Social Care Standards Authority to refuse, revoke or suspend a registration; and (c) review decisions of the Central Authority with regards to accreditation, accreditation renewals, suspension or revocation of an accreditation.
\n
(2)The Board of Appeal shall fulfil any other function which the Minister may prescribe by regulations made by virtue of this Act.
\n
(3)To fulfil its functions, the Board of Appeal shall have access to all documentation related to a foster care procedure and no one may hinder it in the exercise of its functions.
\n
(4)The Board of Appeal shall have such powers as are vested in the First Hall of the Civil Court by the Code of Organization and Civil Procedure.
\n
(5)Without prejudice to the provisions of the foregoing subarticle, in the exercise of its functions the Board of Appeal may call upon any person to testify and to produce any necessary documents and for such purpose the Chairperson shall have the power to administer an oath.
\n
(6)The Board of Appeal shall decide an appeal within six weeks from the filing of the application, unless it is the view of the Chairperson that a longer period is required due to a valid reason which shall be given and noted in the acts of the case.
\n
(7)A decision given by the Fostering Board, by the Central Authority or by the Social Care Standards Authority, as applicable, shall MINOR PROTECTION (ALTERNATIVE CARE) have immediate effect unless the Board of Appeal decides to suspend it until a final decision is given.
\n
(8)The decision of the Board of Appeal, and the reasons for it, shall be given in writing and shall be notified to the appellants, the Fostering Board, to the Central Authority and to the Social Care Standards Authority, as applicable, by tracked mail within five working days from its pronouncement.
\n
(9)In cases falling within the competence of the Board of Appeal in accordance with sub-article (1), there shall be a right of appeal on a point of law by application to the Court of Appeal (Inferior Jurisdiction) constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure.
\n
(10)The application mentioned in the foregoing sub-article shall be filed not later than fifteen working days from the date of the decision of the Board of Appeal.
\n
TITLE II
\n
OF THE COURT OF APPEAL 66.
\n
(1)Without prejudice to the provisions of this Act, any party in proceedings under this Act which feels aggrieved by a decision may appeal by filing an application to the Court of Appeal (Inferior Jurisdiction) as constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure:
\n
Provided that for the purposes of this article a minor shall also be deemed as an aggrieved party, as may be represented by the Children’s Advocate assigned to him:
\n
Provided further that the provisions of this article shall not apply when the methods of contestation or redress for any particular decision have not been exhausted in accordance with this Act.
\n
(2)The appeal shall be brought in front of the Court Appeal by application filed within fifteen working days from the date in which a decision was given.
\n
(3)The appealed party shall file its reply within fifteen working days from when it was notified with the appeal application.
\n
(4)The Court of Appeal shall appoint the first hearing of the application not later than thirty days from the date in which the parties were notified with the application and it shall give a final decision within sixty days from the date of the first hearing.
\n
(5)The Court of Appeal may confirm or revoke the decision of Appeals from decisions of the Court. Amended by: XXXVII.2020.12. MINOR PROTECTION (ALTERNATIVE CARE) the Court, as well as impose other measures it deems fit, and upon final judgement it shall send the acts back to the Court so that it may consider the case in accordance with articles 22, 23 or 24, as applicable.
\n
(6)An appeal made according to this article shall not stay the execution of the appealed decision.
\n
(7)Save as otherwise provided in this Act, the provisions of the Code of Organization and Civil Procedure on the Court of Appeal and for appeals heard by it shall apply mutatis mutandis:
\n
Provided that all cases shall, at all times, be heard behind closed doors.
\n
PART IV
\n
OF SOCIAL WORK WITH MINORS Key social worker. Amended by: XI.2023.34.
\n
67.
\n
(1)Where the Court makes any of the orders mentioned in articles 19 and 20 in respect of a minor, it shall notify the Director (Child Protection) of such order and the Director Alternative Care (Children and Youths) shall appoint a key social worker as soon as possible.
\n
(2)Without prejudice to any other responsibilities under this Act, or under any other law, the responsibilities of a key social worker shall include: (a) maintaining an interpersonal relationship with the (b) visiting the minor at regular intervals; minor; (c) monitoring the placement of the minor and consider his well-being; (d) care plan; co-ordinating and following-up the progress of the (e) his care; keeping of a detailed register of all minors under (f) participation in a minor’s case reviews and reporting to the Review Board on the welfare of the minor; (g) appearing, reporting and giving recommendations to the Review Board on matters related to the minor, including on the possibility of re-integrating the minor with his family or, if not, on whether the type of alternative care is appropriate for the minor, and on the progress and implementation of the care plan;
\n
MINOR PROTECTION (ALTERNATIVE CARE) (h) reporting to the Director (Child Protection), and to any other competent authority, on cases of alleged abuse and on any other serious incident related to the well-being of the minor; (i) the consideration of the situation, the capabilities, the difficulties and the other characteristics of the parents, with the purpose of offering them assistance in order to fulfill their duties and obligations as parents, and for them to do so to the best of their abilities and always in the best interests of the minor; and (j) the fulfilment of the conditions of the care plan on the provision of support services to the minor and of any other service as provided in the care plan.
\n
68.
\n
(1)When, due to a valid reason, the parents of a minor propose to make arrangements have said minor reside with another person, not being a relative, or entity, for a period exceeding two (2) months, the parents and, or such other person or entity shall notify the Director Alternative Care (Children and Youths) of such proposal:
\n
Provided that if the proposed placement is with a relative,not being a brother or a sister, a grandfather and, or grandmother, an aunt and, or an uncle the obligation under this article shall arise if the proposed placement is for a period exceeding two (2) months or if the minor has been under their care for two (2) months or more.
\n
(2)Upon being notified in accordance with sub-article (1), the Director Alternative Care (Children and Youths) shall appoint a social worker to visit and examine the place in which the minor is proposed to be kept, and to recommend on whether the person or entity proposed for receiving the minor is adequate to provide for his needs and well-being.
\n
(3)The social worker appointed in accordance with sub-article (2) shall, in relation to the minor, have the same responsibilities as provided in article 67(2).
\n
(4)For the purposes of sub-article (2) the social worker shall draw up a report and notify it, together with proposed arrangements, to the Review Board.
\n
(5)When the Review Board is satisfied that the person or entity to be entrusted with looking after the minor is adequate to give such care, and the place in which the minor shall be kept is appropriate to his needs, the board shall order the social worker to prepare a care plan and the provisions of article 13(1), (2) and (3) shall apply mutatis mutandis.
\n
(6)In every case, the care plan shall be prepared with the participation of the minor, if deemed to have sufficient understanding, and with the participation of any other person or entity which the Director Alternative Care (Children and Youths) deems appropriate in Voluntary placement. Amended by: XXIII.2021.27; XI.2023.35.
\n
MINOR PROTECTION (ALTERNATIVE CARE) the circumstances of the case.
\n
(7)The Review Board shall, at regular intervals, hear all the professionals involved in the case, the minor if deemed to have sufficient understanding, the parents of the minor, the person or entity having received the minor under its care, and any other person which the board may deem appropriate in the circumstances of the case.
\n
(8)Without prejudice to sub-article (7) the Review Board shall review the care plan mentioned in this article at least once every six months.
\n
(9)When the parents are no longer of the opinion that the agreement should remain in force, they may file an application to the Review Board and request the rescission of the agreement, and in such a case the board shall give any direction or order it deems appropriate:
\n
Provided that up to the moment the Review Board gives its final decision, the minor is to keep on residing and being looked after by the entrusted person or entity.
\n
(10)If the arrangement goes beyond the agreed care plan, the Director Alternative Care (Children and Youths) should assess whether to refer the case to the Director (Child Protection) for the latter to evaluate whether to apply to Court so that it may decree an appropriate protection order for the minor.
\n
(11)When the minor has been in the placement for a period of two (2) years and the Director Alternative Care (Children and Youths) determines that re-integration with the parent or parents depending on the circumstances of the case, is no longer possible or is not in the best interests of the minor, the same Director may liaise with the Director (Child Protection) so that, by application, they request the Court to issue a protection order and the provisions of articles 18 and 19 or 24 of this Act shall apply mutatis mutandis.
\n
(12)In accordance with article 12(3)(h), the Director (Child Protection) may, in the course of the investigation following a report, come to an agreement with the parent or parents of a minor depending on the circumstances of the case, that the minor is placed temporarily in alternative care and a social contract shall be agreed upon between the interested parties including the Director Alternative Care (Children and Youths):
\n
Provided that a copy of the agreed social contract is to be communicated to the Review Board.
\n
(13)Once the parties agree to such a social contract that includes placing the minor in alternative care, the termination of that placement shall only be possible in accordance with the provisions of this Act.
\n
MINOR PROTECTION (ALTERNATIVE CARE) 68A. (1) When a minor has been placed in alternative care following a court order under the provisions of another law other than this Act, the Director Alternative Care (Children and Youths) may, by application before that court, request that a copy of the acts leading to the court order to place the minor in alternative care, and any subsequent variations to the same order, be referred to the Court.
\n
Court orders under other laws. Added by: XI.2023.36.
\n
(2)In the same application, the Director Alternative Care (Children and Youths) may also request the Court to convert that court order into a protection order in terms of articles 18 and 19 of this Act and those provisions shall subsequently apply mutatis mutandis.
\n
PART IV bis
\n
AFTER CARE 68B. (1) Young people in alternative care may have their placement in alternative care, which placement needs to be considered as one that offers a family-life environment, extended even after attaining the age of majority, if this is deemed to be in their best interest and not contrary to the best interest of other minors in the same placement:
\n
Provided that this extension should not exceed the period until the young person attains the age of twenty-one (21) years and provided that the same young person had been residing in that same placement for more than two (2) years before the attainment of the age of majority.
\n
(2)Prior to the extension of such placement, the Director Alternative Care (Children and Youths) shall carry out an assessment of the needs and wishes of the young person that is approaching adulthood and of the other residents. Moreover, an agreement has to be reached with the professionals following the same young person that this extension would be in the best interest of the same young person, and with the young person himself, which agreement is to be reflected in a social contract to be signed by all the interested parties:
\n
Provided that if during the extension of the placement, the young person is in breach of the conditions set out in the social contract, that breach shall bring about the termination of the placement.
\n
Provided further that the placement may also be terminated upon the expressed will of the young person and if the actions of said young person are deemed to be contrary to the best interests of the other residents in the family-like environment.
\n
PART V
\n
After Care. Added by: XI.2023.36.
\n
MINOR PROTECTION (ALTERNATIVE CARE) MISCELLANEOUS Passport for the minor.
\n
69.
\n
Upon a minor being removed from the care and custody of a person and at once when a case is assigned to a key social worker, the key social worker shall immediately do all that is necessary so that a passport is issued for that minor and such passport shall be kept by the Director Alternative Care (Children and Youths):
\n
Provided that in those circumstances in which a passport may not be issued, the key social worker shall do what is necessary for the issue of valid travel document for that minor.
\n
Copies of decisions.
\n
70.
\n
Whenever a decision is taken according to this Act and upon the application, demand or request of any party, a copy of the decision, with reasons for such decision, shall be given to such party, without prejudice to the provision of such a copy to other persons as permitted by law.
\n
Education and consent.
\n
71.
\n
Notwithstanding any other provision of this Act or any other law, for matters related to the education of a minor subject to any provision of this Act, the consent of one person having the care and custody of the minor according to law shall be enough for all intents and purposes at law.
\n
Testimony by social worker.
\n
72.
\n
Any social worker that is to give his testimony in any proceedings under this Act, shall first be exempted from the obligation of professional secrecy and for such purposes, save if already empowered to do so by law, the presiding member of the body in front of which such testimony is to be given may so exempt said social worker according to this article.
\n
Consultations on an unaccompanied minor.
\n
73.
\n
(1)Any board called upon by this Act to consider the case of an unaccompanied minor shall consult with experts identified by the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers established according to regulation 3 of the Agency for the Welfare of Asylum Seekers Regulations and by the Commissioner for Children.
\n
(2)Every consultation with experts as referred to in sub-article (1) shall be noted in writing in the decision of the board.
\n
The processing of personal data by the entities under this Act. 73A. (1) Without prejudice to the provisions of this Act, Regulation (EU) 2016/679 and the Data Protection Act, including the regulations made thereunder shall apply to all functions and procedures under this Act, and the fundamental rights and freedoms of the data subjects shall be respected by each and every entity.
\n
(2)Relevant entities mentioned in this Act including the Director (Child Protection), the Director Alternative Care (Children and Youths), the Review Board, the Fostering Board and the Board of Appeal, in their capacity as data controllers shall process personal data, including special categories of personal data, in accordance with MINOR PROTECTION (ALTERNATIVE CARE) the data protection principles pursuant to Article 5 of Regulation (EU) 2016/679.
\n
(3)Taking into account the nature, scope, context and purposes of the processing, the entities abovementioned shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk posed, and in particular prevent unauthorised disclosure of, or unlawful access to information pertaining to data subjects.
\n
(4)Where the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) processes information about data subjects pursuant to their functions under this Act and for the purposes which derive therefrom, the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) may restrict the rights and obligations provided for in Articles 14 to 20 and Article 34 of Regulation (EU) 2016/679:
\n
Provided that such rights and obligations shall only be restricted in those cases where the restriction is considered as a necessary and proportionate measure to enable the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) to exercise their functions pursuant to this Act:
\n
Provided further that the data protection officer designated pursuant to Article 37 of Regulation (EU) 2016/679 shall, when necessary, be consulted in a timely manner in the entire process of applying the restriction.
\n
(5)The Director (Child Protection) and, or the Director Alternative Care (Children and Youths), shall only apply the restriction referred to in sub-article (4) for as long as the reasons justifying it remain applicable following a necessity and proportionality test:
\n
Provided that such reasons justifying the restriction shall be documented and made available to the Information and Data Protection Commissioner when and as required.
\n
(6)Where the reasons for a restriction no longer apply, the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) shall lift the restriction and inform the data subject concerned accordingly and comply with the rights and obligations provided for in Articles 14 to 20 and Article 34 of Regulation (EU) 2016/679.
\n
(7)The Director (Child Protection) and, or the Director Alternative Care (Children and Youths) shall review on an annual basis the application of the restriction referred to in sub-article (4) and depending on the outcome of such review, inform the data subject MINOR PROTECTION (ALTERNATIVE CARE) accordingly.
\n
(8)For the purpose of safeguarding the rights and freedoms of the data subjects, the following conditions and safeguards shall apply to the information processed in relation to the data subjects, which data shall be subject to a restriction in terms of sub-article (4): (a) the data protection officer of the Foundation for Social Welfare Services shall keep a register to record the restrictions applied by the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) in relation to the data protection requests made by the data subjects. The register shall include the details of the data subjects, the right requested to be exercised, the purpose of the restriction and the reason for justifying the restriction following the exercise of a necessity and proportionality test. The restriction of the obligation set forth in Article 34 of Regulation (EU) 2016/679 shall also be recorded in the register; (b) data subjects shall be informed of the restriction applied by the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) in reply to their request to exercise any of the rights in terms of Regulation (EU) 2016/ 679, unless this may be prejudicial to the purpose of the restriction:
\n
Provided that upon a request by the Information and Data Protection Commissioner, the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) shall clearly demonstrate the prejudice that they would suffer.
\n
(9)Records and documentation kept and stored by the Director (Child Protection) and, or the Director Alternative Care (Children and Youths) shall be kept according to the retention policy of the respective Directorate. Once this time period would have elapsed, data shall be disposed of according to the Data Protection Act.
\n
PART VI
\n
OF OFFENCES Arrangements for foster care.
\n
74.
\n
(1)Any unauthorised person or any unauthorised organisation that makes an arrangement for the placement of a minor in foster care shall be guilty of an offence and shall on conviction be liable to imprisonment for a term of not less than six months and not exceeding three years or to a fine (multa) of not less than two thousand euro (€2,000) but not more than five thousand euro (€5,000), or to both such fine and imprisonment.
\n
(2)For the purposes of sub-article (1), a person or organisation shall be deemed to make arrangements for the placement of a minor in MINOR PROTECTION (ALTERNATIVE CARE) foster care if it enters into any agreement or makes any arrangements to facilitate the fostering of a minor.
\n
75.
\n
Any person or organisation that establishes, operates or maintains a residential home, or provides, directly or indirectly, residential care without the written approval of the Social Care Standards Authority shall be guilty of an offence and shall on conviction be liable to imprisonment for a term of not less than twelve months and not exceeding four years or to a fine (multa) of not less than five thousand euro (€5,000) but not more than ten thousand euro (€10,000), or to both such fine and imprisonment.
\n
Unauthorized provision of residential care.
\n
76.
\n
(1)Any person who makes or gives, or agrees or offers to make or give, or receives or agrees to receive, or attempts to obtain any payment or other compensation for any arrangements for a foster care placement shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months and not more than six months or to a fine (multa) of not less than one thousand and two hundred euro (€1,200) but not more than two thousand and five hundred euro (€2,500), or to both such fine and imprisonment, and this without prejudice to any order the Court deems fit to impose in the circumstances in order to protect the minor in respect of whom the offence was committed.
\n
Prohibition of payment. Amended by: XXIII.2021.21.
\n
(2)For the purposes of this article, the making of any arrangements for the placement of a minor in foster care shall not include any payments made for the maintenance of the minor or remuneration due to professionals for services rendered by them, being such professionals engaged within the Director Alternative Care (Children and Youths) and involved in the care of the minor or in other professions and acting according to their profession.
\n
77.
\n
(1)Without prejudice to regulations made under this Act, no one may publish or cause to be published in any newspaper, periodical or other printed matter or by means of broadcasting, television, public exhibition or by any other means, any advertisement, news item or other matter which indicates: (a) that a minor may be placed in alternative care; (b) that a person intends to care for a minor in alternative care; (c) that a person intends to make arrangements for the placement of a minor in alternative care; (d) the name of an alternative carer if by doing so any detail on the minor is revealed; (e) the name of the minor placed or to be placed in alternative care;
\n
Prohibition of publication.
\n
MINOR PROTECTION (ALTERNATIVE CARE) (f) the name of a parent, curator or tutor of a minor which was placed or will be placed in alternative care; or (g) anything which may lead to the identification of one of the persons mentioned:
\n
Provided that this article shall not apply to foster carers when they present themselves as such and without any minor being identified, directly or indirectly, by them.
\n
(2)Any person who acts in breach of this article shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term of not less than three months and not exceeding six months or to a fine (multa) of not less than one thousand and two hundred euro (€1,200) but not more than two thousand and five hundred euro (€2,500), or to both such fine and imprisonment, without prejudice to any order for the payment of damages that are deemed fit in the circumstances.
\n
Use of force. Amended by: XXIII.2021.21.
\n
78.
\n
A person shall be guilty of an offence and shall on conviction be liable to imprisonment for a term of not less than three months and not exceeding six months or to a fine (multa) of not less than one thousand and two hundred euro (€1,200) but not more than two thousand and five hundred euro (€2,500), or to both such fine and imprisonment, if such person: (a) threatens or forces any authorised or approved alternative carer to give up a minor placed in their care; (b) takes the minor away from any authorised or approved alternative care provider against the will of the minor, without the approval in writing of the Fostering Board, or the Court, or the Director Alternative Care (Children and Youths) or any other relevant entity or authority, as the case may be; (c) threatens or forces any authorised or approved alternative carer to give up any order issued by any court or issued by virtue of this Act; (d) threatens or forces any authorised or approved alternative carer to act in breach of the provisions of this Act; (e) threatens or causes any type of damage to any authorised or approved alternative carer; or (f) forces entry into the premises of any authorised or approved alternative carer by violence or against the will of the alternative carer.
\n
Hindrance.
\n
79.
\n
Any person who in any way hinders or obstructs any of the boards, authorities, agencies, entities, directors or officers mentioned, accredited, established or licensed under this Act, in the performance of any of their functions shall be guilty of an offence and shall on conviction MINOR PROTECTION (ALTERNATIVE CARE) be liable to imprisonment for a term of not less than six months and not exceeding one year or to a fine (multa) of not less than one thousand and five hundred euro (€1,500) but not more than two thousand and five hundred euro (€2,500), or to both such fine and imprisonment.
\n
80.
\n
(1)Unless in the circumstances of a particular case no other offence is provided for in this Act or by another law, which offence would be liable to a higher penalty than that which is provided in this article, any person who acts aggressively against a social worker, a foster carer or any other person which is in any way involved in any decision, responsibility or measure according to this Act, which involvement includes the exercise of rights or the fulfilment of responsibilities or functions given to it by this Act or by any other law for the fulfilment of the provisions of this Act, shall be guilty of an offence:
\n
Other hindrances against the implementation of this Act.
\n
Provided that in a case in which an offence is liable to a lighter penalty than that provided in this article and the circumstances of such offence are also in breach of this article, the penalties of this article shall apply to that offence.
\n
(2)Any person found guilty in accordance with sub-article (1) shall be liable to imprisonment for not more than two years or to a fine (multa) not more than ten thousand euro (€10,000), or to both such imprisonment and fine.
\n
81.
\n
(1)If any minor in relation to whom any minor protection order is made absconds from the premises at which he is required to live or is absent from such premises at a time when he is not permitted to be so absent, he may be apprehended without warrant by any member of the Police and taken back to such premises.
\n
Abscondment. Amended by: XXIII.2021.28.
\n
(2)Any person who knowingly compels, incites or assists or in any way aids or abets any minor to abscond or to become or continue to be absent as mentioned in sub-article (1) shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term of not less than six months and not exceeding one year or to a fine (multa) of not less than six (6) months and not exceeding three (3) years or to a fine (multa) of not less than two thousand euro (€2,000) but not more than five thousand euro (€5,000), or to both such fine and imprisonment:
\n
Provided that if following the abscondment, any person takes the minor out of Malta or assists or in any way aids or abets the minor to leave Malta, shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term from two (2) to four (4) years or to a fine (multa) of not less than than five thousand euro (€5,000) but not more than ten thousand euro (€10,000), or to both such fine and imprisonment.
\n
82.
\n
When a person is found guilty of an offence under this Act or under any regulations made thereunder, and a specific penalty is not provided for the offence under this Act or any regulations made Other offences.
\n
MINOR PROTECTION (ALTERNATIVE CARE) thereunder, such person shall, on conviction, be liable to a fine (multa) of not less than two hundred and fifty euro (€250) but not more than two thousand and five hundred euro (€2,500).
\n
PART VII
\n
OF REGULATIONS Regulations.
\n
83.
\n
(1)The Minister may make regulations for the better carrying into effect of the purposes of this Act.
\n
(2)In particular and without prejudice to the generality of subarticle (1), such regulations may provide for: (a) the protection, supervision and control of minors placed in alternative care; (b) the registration, monitoring and control of alternative care services and for the refusal or revocation of that registration; (c) the agreement for the placement of a minor in alternative care; (d) any right and obligation pertaining to alternative (e) the rights of minors; carers; (f) provide; (g) the services which homes for residential care shall the different types of alternative care; (h) offences and penalties for the breach of the provisions of this Act and regulations made thereunder; (i) the procedure that shall be followed by boards established under this Act and to establish rules on their powers; (j) the activities of entities established in this Act; and (k) any matter which is incidental to and supplementary for the effective implementation of this Act, as the Minister may deem expedient to provide.
\n
PART VIII
\n
TRANSITORY PROVISIONS Pending investigations.
\n
84.
\n
(1)If, prior to the date of coming into force of this Act, any report was lodged about a minor, which report would require investigation, said investigation shall be concluded by the Director MINOR PROTECTION (ALTERNATIVE CARE) (Child Protection), within six months from the date of entry into force of this Act.
\n
(2)The said term may be extended by the Director for an additional term of three months.
\n
85.
\n
Without prejudice to the provisions of this Act, any action filed before the coming into force of this Act shall be decided according to the legal provisions in force on the date of filing.
\n
Applicable provisions.
\n
86.
\n
Any request for revision made to the Court in accordance with article 4(5) of the Children and Young Persons (Care Orders) Act before the coming into force of this Act shall continue to be heard by the mentioned Court until it is decided upon:
\n
Appeals. Provided that in case of appeal according to article 66, from a decision by the Juvenile Court given under article 4(5) of the Children and Young Persons (Care Orders) Act, it shall be the Court of Appeal which is to hear the case, but it shall not do so before four months from the decision of the Juvenile Court. 87.
\n
All cases pending before the Children and Young Persons Advisory Board under the provisions of the Children and Young Persons (Care Orders) Act, before the coming into force of this Act, shall continue to be heard by the Review Board upon the coming into force of this Act.
\n
Reviews pending before the Children and Young Persons Advisory Board.
\n
88.
\n
The care and custody of those minors that is vested in the Minister after a care order was issued for their care and protection in terms of the Children and Young Persons (Care Orders) Act shall now be entrusted to the Director Alternative Care (Children and Youths) until and unless it is decided that at the first review of each case, that it is in the best interest of the minor that the care and custody is entrusted to another person or entity:
\n
Transfer of care and custody. Added by: XXIII.2021.29. Provided that the care and custody of those unaccompanied minors that is vested in the Minister after a care order was issued for their care and protection in terms of the Children and Young Persons (Care Orders) Act shall now be entrusted to the Chief Executive Officer of the Agency for the Welfare of Asylum Seekers. 89.
\n
Without prejudice to the provisions of this Act, the Director (Child Protection) shall have ten (10) working days from the coming into force of this provision to file an application in the acts of each of the cases applications pending before the Juvenile Court at the time of the coming into force of this provision, to request any amendments to the said applications or acts filed for these to be brought in line with the provisions of this Act as amended:
\n
Amendments to the acts of pending procedures. Added by: XXIII.2021.29.
\n
Provided that the Juvenile Court shall hold a sitting at the end of such period to review each of the pending applications before it and regulate matters to be brought in line with the provisions of this MINOR PROTECTION (ALTERNATIVE CARE) Act as amended.
\n
Freeing up for adoption. Added by: XXIII.2021.29.
\n
90.
\n
The freeing up for adoption of minors signed by the Minister prior to the coming into effect of this Act shall be considered as being final and effective for all intents and purposes of this Act.
\n
Exemption to current foster carers. Added by: XXIII.2021.29.
\n
91.
\n
Minors who have been in the care of foster carers for five
\n
(5)or more years prior to the coming into effect of this Act shall be exempted from the requirement of three positive reports as required under article 54. Such foster carers may proceed with the adoption of the minor under their care in terms of article 54 after informing the Director Alternative Care (Children and Youths) in writing of their intention and a detailed report is drawn up by the Director Alternative Care (Children and Youths).